The US-based company filed the appeal before the bench of justices Sanjay Kishan Kaul and Indermeet Kaur against the 5 April order which had dismissed its plea for restraining Glenmark Pharmaceuticals from manufacturing and marketing anti-diabetes drugs Zita and Zita-Met.

The division bench will hear the matter on Wednesday. The single judge had in an interim order dismissed MSD’s plea but had directed Glenmark Pharmaceuticals to “diligently maintain accounts of the manufacturing/production and sales of the infringing products” and to file the same before it.

The order came on a petition by MSD which had alleged that the Indian pharma company had violated its intellectual property right (IPR) over its anti-diabetes medicines, Januvia and Janumet, by coming out with their own drugs containing the same salts.

However, the high court has kept the main petition of MSD pending for adjudication. The US firm had sought the high court’s order to restrain the Mumbai-based firm from manufacturing and sale of drugs Zita and Zita-Met for treatment of type-2 diabetes. The US firm had said it had invented ‘sitagliptin’ salt, used in the anti-diabetes drugs, and has a patent over the molecule.